BILL ANALYSIS

Senate Research Center	S.B. 1099
89R6185 MCF-D	By: Flores
	Criminal Justice
	4/4/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The crisis at the border has caused a significant increase in crime. S.B. 1099 addresses the issue of criminal offenses committed by aliens by increasing the penalties for such offenses. This bill amends existing laws to ensure that if a defendant is found to be an alien at the time of committing a felony offense, the punishment is elevated to the next highest category of offense. This legislative change is intended to act as a deterrent and to ensure that the legal consequences for aliens committing crimes are more severe, reflecting the state's stance on maintaining public safety and legal order.

Section 1 amends Chapter 42 of the Code of Criminal Procedure by adding Article 42.01992. This new article establishes a requirement for the judge to make an affirmative finding of fact if it is determined beyond a reasonable doubt that the defendant was an alien at the time of the offense. This finding must be entered into the judgment of the case.

Section 2 amends Subchapter D, Chapter 12, of the Penal Code by adding Section 12.503. This new section specifies that if an affirmative finding under Article 42.01992 is made in the trial of a felony offense (other than a capital felony), the punishment for the offense is increased to the punishment prescribed for the next highest category of offense. If the offense is punishable as a felony of the first degree, the minimum term of imprisonment is increased to 15 years unless another provision of law provides for a longer minimum term.

As proposed, S.B. 1099 amends current law relating to increasing the criminal penalty for certain offenses committed by an alien.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 42, Code of Criminal Procedure, by adding Article 42.01992, as follows:

Art. 42.01992. FINDING THAT OFFENSE WAS COMMITTED BY ALIEN. (a) Defines "alien."

(b) Requires the judge, in the trial of an offense listed in Article 42A.054(a) (relating to providing that certain provisions do not apply to a defendant adjudged guilty of certain offenses), to make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if at the guilt or innocence phase of the trial, the judge or the jury, whichever is the trier of fact, determines beyond a reasonable doubt that the defendant was an alien at the time of the offense.

SECTION 2. Amends Subchapter D, Chapter 12, Penal Code, by adding Section 12.503, as follows:

Sec. 12.503. PENALTY IF OFFENSE COMMITTED BY ALIEN. (a) Provides that, subject to Subsection (b), if an affirmative finding under Article 42.01992, Code of Criminal Procedure, is made in the trial of a felony offense other than a capital felony, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense.

(b) Provides that, if an offense described by Subsection (a) is punishable as a felony of the first degree, the minimum term of imprisonment for the offense is increased to 15 years unless another provision of law applicable to the offense provides for a minimum term of imprisonment of 15 years or more.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2025.